1. Claims to right of common and other profits à prendre not

to be defeated after thirty years' enjoyment by showing

the commencement; after sixty years' enjoyment, the

right to be absolute, unless had by consent or agreement

2. In claims of right of way or other easement, the periods to

be twenty years and forty years

3. Claim to the use of light enjoyed for twenty years inde-

feasible, unless shown to have been by consent

4. Before-mentioned periods to be deemed those next before

suits for claims to which such periods relate

5. In actions on the case the claimant may allege his right

generally, as at present. In pleas of trespass and other

pleadings, where party used to allege his claim from time

immemorial, the period mentioned in the act may be

alleged; and exceptions or other matters to be replied

specially

PAGE

6. Restricting the presumption to be allowed in support of

claims provided for by the act

7. Saving in favour of persons under disabilities

8. What time to be excluded in computing the terms of forty

years appointed by the act as to rights of way and water

1

5

12

13

17

223

ib.

23

25

ib.

LIMITATION OF ACTIONS AND SUITS.

3 & 4 William IV. c. 27.

SECT.

1. Meaning of words used in the act

2. No land or rent to be recovered but within twenty years

after the right of action accrued to the claimant or some

person whose estate he claims

3. When the right shall be deemed to have accrued; in the

case of an estate in possession; on dispossession; on

abatement or death; on alienation; in case of future

estates; and in case of forfeiture or breach of condition

4. Where advantage or forfeiture is not taken by remainder-

man, he shall have a new right when his estate comes

into possession

5. Reversioner to have a new right

PAGE

122

136

154

159

.. 162

6. An administrator to claim as if he obtained the estate without

interval after the death of intestate

.. 163

7. In the case of a tenant at will, the right shall be deemed to
have accrued at the end of one year

8. No person after a tenancy from year to year to have any
right but from the end of the first year or last payment of

165

.. 173

9. Where rent amounting to 20s. reserved by a lease in writing,

shall have been wrongfully received, no right to accrue

on the determination of the lease..

10. A mere entry not to be deemed possession

12. Possession of one coparcener, joint-tenant, or tenant in

common, not to be the possession of the others

13. Possession of a younger brother, &c., not to be the possession
of the heir..

14. Acknowledgment in writing given to the person entitled, or

his agent, equivalent to possession or receipt of rent 186

15. Where possession is not adverse at the time of passing the

act, the right shall not be barred until the end of five

years afterwards

188

16. Persons under disability of infancy, lunacy, coverture, or

beyond seas, and their representatives, to be allowed ten

years from the termination of their disability or death.. 190

17. But no action, &c., shall be brought beyond forty years after

the right of action accrued

.. 196

18. No further time to be allowed for a succession of disabilities 198

19. Scotland, Ireland, and the adjacent islands, not to be deemed

beyond seas

20. When the right to an estate in possession is barred, the

right of the same person to future estates shall also be

barred

21. Where tenant in tail is barred, remaindermen, whom he
might have barred, shall not recover

SECT.

22. Possession adverse to a tenant in tail shall run on against

the remaindermen whom he might have barred

PAGE

.. 201

23. Where there shall have been possession under an assurance

by a tenant in tail, which shall not bar the remainders,

they shall be barred at the end of twenty years after the

time when the assurance, if then executed, would have

barred them

.. 202

24. No suit in equity to be brought after the time when the

plaintiff, if entitled at law, might have brought an action 203

25. In cases of express trust, the right shall not be deemed to

have accrued until a conveyance to a purchaser..

.. 205

26. In cases of fraud no time shall run whilst the fraud remains

concealed

..

.. 213

.. 218

27. Saving the jurisdiction of equity on the ground of acquies-

cence or otherwise ..

28. Mortgagor to be barred at the end of twenty years from the

time when the mortgagee took possession, or from the

last written acknowledgment

Mortgagees within the definition in 3 & 4 Will. 4, c. 27, s. 1,

may bring actions to recover land within twenty years

after last payment of principal or interest

29. No lands or rents to be recovered by ecclesiastical or elee-

mosynary corporations sole, but within two incumbencies

and six years or sixty years

221

.. 226

30. No advowson to be recovered but within three incumbencies

or sixty years

31. Incumbencies after lapse to be reckoned within the period,

but not incumbencies after promotion to bishoprics

32. When persons claiming an advowson in remainder, &c., after

an estate tail shall be barred

33. No advowson to be recovered after one hundred years

34. At the end of the period of limitation the right of the party
out of possession to be extinguished

35. Receipt of rent to be deemed receipt of profits

36. Real and mixed actions abolished after 31st December, 1834,
except for dower, quare impedit, and ejectment

37. Real actions may be brought until 1st June, 1835 ..

38. Saving the rights of persons entitled to real actions only at

the commencement of the act, &c.

..

39. No descent cast, discontinuance, or warranty to bar a right

of entry

40. Money charged upon land and legacies to be deemed satis-

fied at the end of twenty years, if there shall be no inte-

rest paid or acknowledgment in writing in the meantime 241

41. No arrears of dower to be recovered for more than six years 255

42. No arrears of rent or interest to be recovered for more than

44. Act not to extend to Scotland, nor to advowsons in Ireland 266

SECT.

ABOLITION OF FINES AND RECOVERIES,

AND SUBSTITUTION OF MORE SIMPLE ASSURANCES.

3 & 4 William IV. c. 74.

1. Definition of words and expressions used in the act

2. No fine or recovery shall be levied or suffered after 31st De-

cember, 1833, except where a writ of dedimus or other

writ shall have been previously sued out

.. 308

3. Persons liable, after 31st December, 1833, to levy fines or

suffer recoveries under covenants, to effect the purposes

intended by means of this act; but in any case where the

purpose of a fine or recovery cannot be so effected, the

persons liable to levy fines or suffer recoveries shall exe-

cute a deed which shall have the same operation as the

fine or recovery

..

The Tenure of Ancient Demesne, &c.

4. Fines and recoveries of lands in ancient demesne, when

levied or suffered in a superior court, may be reversed as

to the lord by writs of deceit, the proceedings in which

are now pending, or by writs of deceit hereafter to be

brought, but shall be as valid against the parties and

persons claiming under them, as if not reversed as to the

lord

..

5. Fines and recoveries of lands in ancient demesne, when

levied or suffered in a manor court, after other fines and

recoveries have been previously levied or suffered in a

superior court, shall be as valid as they would have been

if the tenure had not been changed; and fines and re-

coveries shall not be invalid in other cases, though levied

or suffered in courts whose jurisdictions may not extend

to the lands therein comprised, or which may be unlaw-

ful, or held without due authority

6. The tenure of ancient demesne, where suspended or de-

stroyed by fine or recovery in a superior court, restored

in those cases in which the rights of the lord of the

manor shall have been recognized within the last twenty

years preceding the 1st of January, 1834

309

310

312

5 313

The Amendment of Fines and Recoveries, and the rendering them Valid

in certain Cases.

7. Fines having errors or mistakes in the parcels or parties,

apparent from the deeds declaring the uses, shall not

require amendment

8. Recoveries having errors or mistakes in the parcels or par-

ties, apparent from the deeds making the tenants to the

writs of entry, shall not require amendment

313

315

9. The jurisdiction of courts to amend fines and recoveries in
cases not provided for by this act not taken away